The Biden Administration, like the Trump Administration before it, should be commended for its commitment to criminal justice reform. President Biden designated April 2023 as Second Chance Month and recently gave commutations for individuals serving harsh sentences for drug offenses and pardons related to certain marijuana charges. It clearly demonstrated a willingness to address some of the injustices within our criminal justice system. However, there remains a critical aspect that requires immediate attention – the repeal of the '94 Crime Bill.
I reached out to Terrence Coffie, an adjunct assistant professor at New York University Silver School of Social-Work, who writes and teaches on criminal justice reform. Coffie has a pragmatic view of the problems that the Crime Bill has caused because before teaching at NYU his first real academic accomplishment was earning his GED in 1993 at Florida's Marion Correctional Institution, while serving a five-year sentence for possession with intent to sell.
Coffie told me, “In light of extensive research, impassioned advocacy, and the “new consensus” emerging from the collective wisdom of elected officials and influential leaders, it is undeniably clear that the '94 Crime Bill stands as an outdated and draconian piece of legislation.” Countless articles and tireless advocates have shed light on the consequences it has wrought, particularly in black and brown communities. Recognizing its role in perpetuating harm rather than fostering justice, there is an urgent and unequivocal call for the repeal of the '94 Crime Bill. Coffie, who is penned a personal appeal to President Joe Biden, believes it is a critical step towards rectifying historical injustices and forging a more equitable path forward for marginalized communities.
Senator Elizabeth Warren's 2020 campaign gave a detailed and comprehensive plan for criminal justice reform, prominently featuring the repeal of the 1994 crime bill. In her proposal, Senator Warren acknowledged that the punitive 'tough on crime' approach embedded in the '94 Crime Bill was a mistake and needed to be repealed. She suggested retaining sections related to domestic violence while emphasizing that the bulk of the law must go. Her nuanced approach, supporting parts of the original bill that have since expired and would not be part of the repeal, reflects a thoughtful strategy to rectify the injustices perpetrated by this legislation.
Coffie said of Warren’s efforts, “She understands the flawed nature of the '94 Crime Bill, and I implore President Biden to consider the urgency of its repeal.” Coffie stated that Biden, then as U.S. Senator, was, like many democrats at the time, was instrumental in the 1994 Crime Bill. Coffie said of his request to Biden, “The bill has had a lasting and detrimental impact on marginalized communities. Repealing it is not an erasure of the past but a courageous step towards acknowledging and rectifying the mistakes of history.”
Coffie said there are also other progressive measures that should be addressed by Congress and urged Biden’s support. Senator Cory Booker's Next Step Act and Smart Sentencing Adjustments Act, both of which build on the momentum created by the First Step Act. The Next Step Act, introduced in 2019 and the 2023 Smart Sentencing Adjustments Act, stand as a continuation of the bipartisan efforts to reform our criminal justice system. Its provisions are carefully crafted to address critical issues such as sentencing reform, prison conditions, law enforcement training, and re-entry efforts.
Federal funding, wielded to expand the criminal legal system, has played a pivotal role in shaping the landscape of incarceration. However, in a transformative shift, the Smart Sentencing Adjustments Act emerges as a beacon of change, poised to reverse this trend. This legislation not only seeks to rectify the punitive consequences of past policies but stands as a groundbreaking initiative to incentivize states in a diametrically opposite direction. By encouraging reductions in both incarceration rates and crime through innovative strategies, the Smart Sentencing Adjustments Act signifies a progressive step toward dismantling the punitive legacy of the 94 Crime Bill and fostering a criminal justice system rooted in fairness, rehabilitation, and community well-being.
“Biden’s campaign promise to substantially reduce the federal prison population resonated with many,” Coffie said, “and his administration has taken commendable steps. However, it is evident that more needs to be done, especially as we witness the continued growth of the federal prison population under the current administration’s tenure.” President Donald Trump, demonstrated bipartisan support for sentencing reform through the First Step Act, resulting in the early release of nearly 30,000 individuals.
To Coffie, his pleas for change are personal, “As an advocate, educator, and formerly incarcerated citizen who continues to support the Biden administration, I implore the president to recognize the importance of these issues, particularly as we approach the 2024 election cycle.” Despite historical bipartisan support for sentencing reform, there is a growing concern that the relative inaction on this matter may impact key voting groups.
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Article originally published on Forbes.com by Walter Pavlo (Jan 15, 2024)
